PEOPLE v. CORTES

1229, 4641/08.

139 A.D.3d 576 (2016)

30 N.Y.S.3d 816

2016 NY Slip Op 03994

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIME CORTES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2016.


The court properly exercised its discretion in granting an upward departure based on egregious conduct that was not adequately accounted for in the risk assessment instrument, and that outweighed the mitigating factors cited by defendant (see People v Gillotti, 23 N.Y.3d 841 [2014]). To the extent defendant is challenging the factual predicate for the departure, that claim is unpreserved...

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